Texas-based Trinity Industries, Inc. has been ordered by a federal judge to by $663 million in a judgement from a case last October. The judgment comes as a result of Trinity Industries failing to notify the government of a small, but significant change to their ET-Plus guardrail product that rendered the design unsafe.
ABC 13 News Now reports that the company will also face another lawsuit from a Virginia-based competitor to the tune of $199 million.
The case began when whistleblower Joshua Harman – a guardrail installer – revealed the design change. According to Harman, parts of the guardrail were modified as a cost-saving measure. This resulted in the guardrail, specifically the head, failing to crumple on impact with a vehicle. As a result, the rigid guardrail could impale a vehicle and injure or kill its occupants. The claim applied specifically to the company’s ET-Plus model.
Harman is not alone in scrutiny of the ET-Plus. The Virginia Department of Transportation followed 29 other states in removing the ET-Plus from their list of approved products. As of March, the VDOT was working to remove the ET-Plus guardrails installed around the state and replace them with properly functioning models.
Trinity Industries says that the judgment should be thrown out. In a statement, the company said that “the evidence clearly shows that no fraud was committed” and that “the trial court made significant errors in applying the federal law to Mr. Harman’s allegations and, therefore, the judgment is erroneous and should be reversed in its entirety.”
Seriously Injured in an Accident Involving a Guardrail?
Our Guardrail Injury Lawyers are currently investigating serious and fatal guardrail accidents related to this potentially dangerous guardrail design. If you or a loved one were injured in an accident with a guardrail, contact our attorneys to discuss your legal options. We offer a free, no obligation, case evaluation – Get Help Now 877-544-5323